TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 3

LIENS IN CROPS

45-308.  Notice of claim of lien. (1) A claimant must file with the secretary of state a notice of claim of lien between thirty (30) days before and one hundred twenty (120) days after completion of his labor for or providing seed to the producer. If a notice of claim of lien is filed before completion of the labor or delivery of the seed, there must exist a written or verbal contract for such labor or seed.

(2)  The notice of claim of lien must include:

(a)  The nature of the lien (farm laborer’s or seed);

(b)  The name and address of the producer;

(c)  The name and address of the claimant;

(d)  The county or counties where the crop or crops covered by the lien are grown;

(e)  The type(s) of crop (name of commodity) to which the lien applies;

(f)  The crop year of the crop(s) to which the lien applies;

(g)  Such other information as the secretary of state shall by administrative rule require; and

(h)  The amount of claim exclusive of interest.

(3)  The notice of claim of lien shall be signed by the claimant, his agent, or his attorney-in-fact, and the signer shall certify to the truth of the claim. Notarization is not required.

(4)  The notice of claim of lien shall be filed on a standard form prescribed by the secretary of state. The form must satisfy the requirements of a farm products financing statement under section 28-9-502(e), Idaho Code, except that:

(a)  The debtor may be identified as the producer;

(b)  The secured party may be identified as the claimant;

(c)  The debtor’s social security number, taxpayer identification number or other number unique to the debtor need not be included; and

(d)  The debtor’s signature need not be included.

(5)  A claimant shall give written notice of the claim to the producer.

History:

[45-308, added 1989, ch. 359, sec. 2, p. 902; am. 1996, ch. 262, sec. 2, p. 863; am. 2000, ch. 338, sec. 1, p. 1131; am. 2016, ch. 202, sec. 1, p. 572.]